SYDNEY INQUEST

Southland Times, Issue 25314, 18 June 1935, Page 7

SYDNEY INQUEST

LEGALITY QUESTIONED POSITION OF CORONER CHALLENGED FURTHER EVIDENCE (United Press Assn.—Telegraph Copyright.) (Rec. 7.40 p.m.) Sydney, June 17. Further evidence was given to-day at the inquiry’ into the death of James Smith, aged 45, whose tattooed arm was disgorged by a captive shark in Coogee Aquarium, which eventually led to the victim's identification. Mr Clive Evatt, counsel for Brady, submitted that the Coroner had no jurisdiction and should proceed no further. The law, he said, demanded that the Coroner should have first viewed the body, whereas all he had viewed was a human arm. The Coroner: My reply is that 1 have seen 'sufficient of the body to enable me to proceed. Mr Evatt contended that the Coroner was sitting illegally and pressmen were broadcasting evidence, or so-called evidence, illegally. Mr Evatt added that he intended to test the Coroner’s position in the Supreme Court. The Coroner: You have no right to tell me that.

Mr Evatt asked for an adjournment to enable Brady’s advisers to test the position. The Coroner: I will not do that, but any rights you think you have can 'be exercised.

Police Sergeant Toole, the prosecuting officer, informed the Coroner that a boy named John William Brady was to have been the next witness, but his whereabouts was unknown. The Coroner: Is he a son of Patrick Brady?

Sergeant Toole: Yes. The subpoena was left at the address of Patrick Brady’s sister. James Smith, a fisherman at Cronulla, gave evidence that Williams, whom he now identified as Patrick Brady, hired a motor launch from him for a week or two at the end of March and moored it near a cottage he rented from Percival Forbes.

Charles Cooper, garage proprietor, Cronulla, said Brady hired a car from him at 7 a.m. on April 9 to take him to the city. He was dirty and unshaven and appeared to have had a “night out." <

Herbert McGowan, taxi-driver, said that early in April he drove a man he now recognized as Brady to a number of second-hand shops from which Brady purchased a mattress and a tin trunk which were conveyed to Brady’s rented cottage at Cronulla. Gregory Bede Vaughan, estate agent, said that James Smith looked after the yacht Pathfinder which sank about twelve months ago. Witness was the registered owner, but the late Reginald Holmes Was the actual owner. The Pathfinder was insured for £B5OO. Smith was the last man on the Pathfinder. Witness was unable to say whether the vessel had been scuttled. The police had taken a statement from him. He was unable to say whether any insurance was claimed or paid. Mr Evatt asked Vaughan whether the insurance on the Pathfinder was pledged in any way. Vaughan: I know nothing about it. Mr Evatt: I suggest to you that the yacht was scuttled by Smith at the instigation of a syndicate of men. Vaughan: I know nothing about it. Several taxi-drivers also gave evidence of having driven Brady to various parts of the city in the early part of April and about his movements after leaving their cabs. The inquest was adjourned till tomorrow. RULE NISI GRANTED LEGAL ARGUMENT TO-MORROW. (United Press Assn—Telegraph Copyright.) (Rec. 9.55 p.m.) Sydney, June 17. There was a dramatic development in the Smith inquest this afternoon when Mr Justice Stephen in chambers granted a rule nisi calling upon Mr E. T. Oram, City Coroner, to show cause why he should not be restrained from further proceeding with the inquiry concerning James Smith. The application was made by Patrick Bradys legal advisers. The matter will be argued on Wednesday before a Judge in chambers.